Candace D. Flatley

Associate

Overview

Candace Berg is an associate and real estate lawyer with Foley & Lardner LLP. Candace represents developers, service and industrial clients in a wide variety of complex real estate transactions, including purchase and sales, development, construction, financing, and leasing. She is a member of the firm’s Real Estate Practice.

Candace’s experience includes managing real estate due diligence, reviewing and advising on title and survey matters, drafting purchase and sale agreements, easement agreements, leases, and closing the acquisitions and sales of real property. Candace also has experience drafting and advising clients on construction and architect’s contracts for a diverse group of property owners and developers. Her experience further includes real estate aspects of wind, solar, and other energy projects, including working on site control documents, and on title, survey and other development and permitting matters.

Representative Experience

Representative development, acquisition and sale transactions:

  • Represented regional multi-family developer on multi-state acquisitions, developments and financings of over 2000 apartment units and mixed use commercial spaces
  • Represented national investment firm on real estate matters in connection with an acquisition of a skilled nursing facility portfolio consisting of more than 90 facilities in 18 states
  • Represented Midwest based Real Estate Investment Trust on acquisition and development diligence, including leasing and reciprocal easement agreements, for multi-state medical office building portfolios

Representative construction transactions, acting as real estate and owner’s counsel:

  • Represented arts group in a design-build contract for a $12 million new facility
  • Represented Midwest developer in an architect’s agreement for an $11 million 60-unit multifamily development
  • Represented a county housing redevelopment authority in a construction agreement for a $2.8 million rehabilitation project for a 54-unit USDA-Rural Development portfolio

Representative energy transactions, acting as developer’s and tax credit investor’s counsel:

  • Represented an Australian investment fund in real estate aspects of its investments in multi-state, multi-phase solar energy projects valued at over $730 million with production exceeding 320 MW
  • Represented a major U.S. financial institution on real estate diligence and related work in its tax equity investments in approximately 230 MW, $550 million of solar energy projects

Education

Candace earned her law degree from the University of Notre Dame Law School (J.D., magna cum laude, 2015), where she was a member editor and an alumni outreach editor of the Notre Dame Law Review. A native of Eau Claire, WI, she received her undergraduate degree in business administration, with a focus in finance, investment, and banking, from the University of Wisconsin—Madison (B.B.A., 2012).

Affiliations

Candace currently serves on the board of directors of Danceworks, Inc., a non-profit organization, and is a member of Wisconsin Commercial Real Estate Women (WCREW). She is also actively involved with Juneau Park Friends.

Publications

Candace is the author of “Widening the Lane: An Argument for Broader Interpretation of Permissible Uses Under the Driver’s Privacy Protection Act,” Notre Dame Law Review 847, Vol. 90 (2014).

Admissions

Candace is admitted to practice in Wisconsin and Minnesota.

Capabilities